Important note: The jobtourist.net Association will be referred to hereafter as “jobtourist.net”.

I.    Scope

1. These terms of use apply to all services between jobtourist.net and the user of the internet portal www.jobtourist.net. These terms of use are also valid for country specific domains that are directed to www.jobtourist.net, for example www.jobtourist.ch or www.jobtourist.de, including all of their subdomains (referred to hereafter as Jobtourist websites).
2. jobtourist.net reserves the right to modify these terms of use at any time. jobtourist.net will notify registered users via email of such changes if the changes and/or modifications effect pricing or have a negative material impact on the user. If the user does not object to the revised terms within 10 days after receipt of said notice, the amended terms shall be deemed to be accepted by the user. In the case of all other modifications to the terms of use, the most current and valid version of the terms of use is published on the Jobtourist websites.
3. These terms of use are valid even if the use, the registration or the access takes place outside of Switzerland.

II.    Services and Costs

jobtourist.net runs a platform that brokers between those offering an experience vacation in a specific field (referred to hereafter as Jobcoaches) and consumers (referred to hereafter as Jobtourists) that want to experience a job they’ve always wanted to try. The Jobtourist websites’ technical applications enable the establishment of contact between the users.

jobtourist.net offers the following services to users of the Jobtourist websites:

1. jobtourist.net offers a platform to connect service providers (Jobcoaches) and consumers (Jobtourists).
2. Registered users of the Jobtourist websites can use the platform in two ways:
   • Jobcoaches can create and publish a free profile on a Jobtourist website.
   • Jobtourists can search the platform for their preferred Jobcoach, for free.
3. The search and registration on the Jobtourist websites are always free. The following uses require registration:
   • saving preferred search results
   • requesting contact details of the Jobcoach (by clicking the Book Jobtour button).
   • rating and reviewing
   • creating and publishing a Jobcoach profile
4. The only costs of using the Jobtourist websites are incurred by a Jobcoach that successfully sells a Jobtour. In this case, the Jobcoach is obliged to report the booked Jobtour and pay jobtourist.net a 12% commission fee (minimum EUR 25) of the total booking price. More details can be found in the agreement. Jobtourists do not pay any costs to jobtourist.net.
5. When publishing a Jobcoach profile, Jobcoaches are explicitly notified about the agreement and the terms of use and are required to accept and confirm them.
6. If a Jobtour commission fee can not be collected, the Jobcoach must incur the resulting costs of collection, to the extent of which he has caused the resulting additional costs of collection. If the commission fee can not be collected, jobtourist.net reserves the right to delete the Jobcoach’s profile.
7. jobtourist.net does not guarantee its users a successful Jobtour brokerage.
8. The Jobtourist websites have a certain form and functionality which may be changed or modified from time to time, while still maintaining the basic functionality of the platform. jobtourist.net reserves the right to change the conditions for use of the Jobtourist websites’ various functions. Users have no claim to keep or request any functions.
9. jobtourist.net does not take any part in the communication between the users. jobtourist.net only provides the technical platform for the search and brokerage process.
10. jobtourist.net advises users to comply with the laws in their own country of residence when agreeing to any contracts or agreements (for example, taxation laws).
11. Normally the internet platform is available to users 24 hours a day and 7 days a week. jobtourist.net makes an effort to provide the greatest possible availability of its server along with the content and saved information, but can not guarantee or be held liable for it.
12. Services provided by jobtourist.net are only available to people 18 years old and above.

III.    Registration and User Account

1. The user confirms that at the time of registration he is at least 18 years of age.
2. The data collected during registration on Jobtourist websites must be submitted by the user completely and correctly. In general, the user is responsible for his data. The user must provide only true and non-misleading information on his profile and in his communication with other users. The user must not use any pseudonym on the Jobtourist websites. If a user notices incorrect or forbidden content he/she should report it, either directly on the profile page by clicking the “feedback” link or by emailing support@jobtourist.net.
3. The user must make sure that the public display of his/her photos and information (including links) is allowed on the Jobtourist websites. User generated data can not contain any third-party company logos or pornographic, racist or inappropriate content.
4. jobtourist.net reserves the right to not publish any content that it sees unfit.
5. jobtourist.net can only verify to a limited extent the data submitted by its users, because an identification of internet users is only possible to a certain extent. Despite safety measures, it is possible that incorrect contact details have been submitted by a user. jobtourist.net can not guarantee the actual identity of a user. jobtourist.net therefore advises users to verify the data of other users.
6. If there are any changes to user data after submission, the user is obliged to correct the information in his/her user account.
7. Every user can only register once.
8. jobtourist.net provides the user with access to a user account with a username and password. The user must not give this account access information to any third parties. The user must keep this account access information confidential. jobtourist.net will never ask users via e-mail or phone for their account access information.
9. The user account provided by jobtourist.net is not transferrable to third parties.
10. It is forbidden to create user accounts in the name of third parties.
11. A Jobcoach profile stays published, until the Jobcoach deletes it. Profiles that have been published without content can be taken offline by jobtourist.net
12. If the information necessary for registering a user account is not complete or correct, jobtourist.net reserves the right to delete the account. jobtourist.net will inform the user via email that the account has been deleted, given that he/she has provided an email address.
13. The user is obligated to act in accordance with all the regulations of the terms of use, the privacy policy and any and all other relevant laws. In the case of a user violation, jobtourist.net reserves the right to block the user’s access to his/her account and to delete the account without prior notice. Such a user will be informed of such measures via email. jobtourist.net is not liable for any refund or reimbursement of a user, as a result of such a blockage. jobtourist.net has the final decision about the legitimacy of such a user’s questionable actions.

IV Prohibitions

1. The user is prohibited from publishing false, insulting or slanderous content, whether in or about his/her own profile, about other users, jobtourist.net co-workers or any other people.
2. Registered users can submit ratings and reviews about Jobcoaches, after having been on a Jobtour with them. The rating and reviewing function required registration. The ratings and reviews must be fair and factual and can not contain any information which is illegal, insulting or liable to be penalized. Reviews which do not conform to these requirements will be deleted. jobtourist.net reserves the right to take any legal actions necessary against a user that violates these rules. The reviews reflect the opinions of the authors and not those of jobtourist.net. It is forbidden for a user to rate him/herself or to manipulate the rating system.
3. It is strictly prohibited to publish any pornographic, racist or illegal content or to advertise, offer and/or distribute such products on the Jobtourist websites.
4. It is also prohibited to bother or harass (especially by spamming) any other user of the Jobtourist websites.
5. It is forbidden to publish legally protected (for example copyrighted, trademarked, patented) content without being entitled to do so, or to advertise, offer or distribute legally protected goods or services on the Jobtourist websites.
6. The manipulative use of mechanisms, software or scripts in connection with the use of Jobtourist websites is strictly prohibited.
7. Blocking, overwriting, modifying, copying of any software, text, images, source code and/or databases is forbidden as long as it’s not necessary for the orderly use of the Jobtourist website services.
8. Any action that could harm or strain the functionality of the Jobtourist website infrastructure is prohibited.
9. Unauthorized reproduction, distribution or exhibition of Jobtourist website content, including user generated content, is prohibited.
10. The unauthorized exhibition of Jobtourist websites in foreign frames is prohibited. This form of exhibition requires a written agreement signed by jobtourist.net.
11. Any use, other than the functions that jobtourist.net provides, is prohibited.

V Limitations of Liability

1. jobtourist.net is not liable for any damages to users, interested parties or third parties which have resulted from the use of Jobtourist websites.
2. The user hereby releases jobtourist.net from any claims or demands, including claims for damages. This includes claims against jobtourist.net by the user himself, by other users or by any other third party involved who claim that user generated content on the Jobtourist websites has somehow violated their rights. The user is responsible for paying all costs incurred by jobtourist.net as a result of the user’s violation of any third party rights, including the costs of legal representation. The user is liable for all actions, which are undertaken on the Jobtourist websites under his identity (in particular user name and password) and indemnifies the jobtourist.net against all claims arising from these actions. In the case of any claim involving jobtourist.net, its users or any third party, the user must provide jobtourist.net with any information relevant to the investigation of such claim. All further rights and claims of damages by jobtourist.net are hereby reserved.
3. jobtourist.net is not liable for injury to life, bodies or health.
4. The user is liable for all data transmitted by him/her to the Jobtourist websites and indemnifies jobtourist.net against any and all claims of third parties arising from violations of rights in relation to data submitted by the user.
5. jobtourist.net is not liable if the Jobtourist websites and/or services are interrupted or destroyed as a result of acts of God, strike, technical problems or other external disturbances.
6. jobtourist.net is not liable for the illegal extraction of user data by third parties, unless there is clear proof of gross negligence.
7. jobtourist.net explicitly points out that existing employment contracts are regulated by laws and/or other regulation and therefore new employment contracts are not freely negotiable. The users are obliged to check for the existence of such limitations and to abide by them. jobtourist.net is not liable or responsible in all matters of employment law.
8. The user is obliged to indemnify jobtourist.net against all claims resulting from damages caused by the user’s slanderous, libelous or defamatory actions, the user’s disruption of jobtourist.net services, the user’s infringement of others’ privacy, intellectual property rights or any other rights. The user is obliged to incur the costs of any legal actions put forth by or against third parties.
9. jobtourist.net takes no part in any contracts reached between users, and therefore is not a partner to these contracts. The users are solely responsible for the execution and fulfillment of the contracts reached between themselves. jobtourist.net is not liable for the formation, the content and/or the fulfillment of contracts reached by its users. jobtourist.net is in no case liable if users do not meet their mutual contractual obligations. In such cases, jobtourist.net also does not assist or represent any user.
10. The Jobtourist websites contain links to third party websites, but jobtourist.net is not responsible for the content on such third party websites. jobtourist.net only provides access to such content and has no influence on the content or the authorship of these third party websites. Therefore, jobtourist.net explicitly distances itself from any and all content on such third party websites. In case of illegal, false or incomplete content on such third party websites, and especially in case of damages resulting from such content, the third party website is solely liable.
11. jobtourist.net reserves the right to change, suspend or cancel services with or without prior notice. The user agrees that jobtourist.net is not liable to him/herself or to any third parties for changes, suspensions or cancellation of services.

VI Intellectual Property

1. All material contained and presented on the Jobtourist websites, including but not limited to texts, images and graphics is copyright protected, unless otherwise expressly stated. It is strictly prohibited to copy, modify and/or distribute the content of the Jobtourist websites without the express written authorization of jobtourist.net. Some of the images on the Jobtourist websites are the intellectual property of third parties.
2. By using the Jobtourist websites, the user gains no rights whatsoever to ownership, usage, licenses or any other rights to software. All rights to software, labels, titles, trademarks and intellectual property on the Jobtourist websites belong solely to jobtourist.net.
3. jobtourist.net reserves the right to use and utilize any user generated comments and/or profile data. The use, duplication, and/or distribution of such user generated data in other electronic or print publications without the express written authorization of jobtourist.net, is strictly prohibited.
4. The user is solely responsible for the content he/she submits to the Jobtourist websites and affirms, represents and warrants that he/she owns or has all necessary intellectual property rights, licenses, consents and permissions to use any content he/she uploads, publishes or submits to the Jobtourist websites.

VII Customer Service

The user can submit questions about the services of jobtourist.net to support@jobtourist.net.

VIII Data Protection

jobtourist.net is committed to protecting personal data submitted to the Jobtourist websites by the user. Swiss Data Protection Law is applicable to all personal data submitted by the user to the Jobtourist websites. jobtourist.net will never share, pass on or transmit the user’s personal data to any third parties. For more information, please see our Privacy Policy.

IX Miscellaneous

1. Should the validity of any of the regulations specified in these terms of use become nullified, all other regulations outlined will remain valid. jobtourist.net is obliged to replace any invalid regulation with a valid regulation whose purpose is as close as possible to the invalid regulation which preceded it. This also applies to any contractual loopholes.
2. The user of jobtourist.net’s services is solely responsible to check and ensure that he/she has all the necessary insurance coverage to go on or to provide a Jobtour.
3. If the user has agreed to receive newsletters or an RSS feed, jobtourist.net is authorized to create and send him/her selected information via email. The user can always activate or deactivate this service in his/her user account.
4. It is strictly prohibited to use the contact information in the jobtourist.net imprint for any commercial or advertising purposes or to distribute it to third parties without the express written authorization of jobtourist.net. jobtourist.net and all people mentioned on the Jobtourist websites reject any commercial use and/or passing on of their data.
5. In case of dispute over the content of these terms of use, the German language version of these terms of use always takes precedence.

X Applicable Law and Venue

1. The place of performance shall be Bern.
2. The place of jurisdiction, insofar as legally admissible, is Bern.
3. These terms of use shall be governed by Swiss Law.

Last updated: December 12, 2010

jobtourist.net Association
Alpeneggstrasse 9
3012 Bern
Switzerland

© jobtourist.net Association